We’ve heard a lot recently from the UK about the discussion on privacy with regard to prospect research, so we thought it might be useful to summarise a few points and draw together some relevant web links.

The UK Information Commissioner's Office (ICO) fined two charities in December for data protection breaches. Both charities paid the fines while publicly disagreeing with the ICO’s assessments. The way these fines have been reported in some quarters have implied that activities such as data screening, or appending phone numbers to donor records, are not permitted under UK legislation, which is not the case. The key issues were about transparency to donors, and about whether these activities came within the definition of the data holder’s ‘legitimate interest’ and so constituted ‘fair processing.’ The ICO further outlined its position on these issues at a conference last month, and is considering possible penalties for another eleven UK charities.

Charities in the UK have expressed concern about the judgmental tone of remarks made by the ICO representative about charities’ practices which the charities felt were inappropriate and misleading and which lead to headlines like this “The UK Information Commissioner’s office (ICO) has slammed a number of big-name charities, including the RSPCA and the British Heart Foundation, for 'wealth screening' donors. “

How much of this debate is relevant for us here in Australia?As in Australia, the UK data protection laws require that data holders inform their data subjects if they intend to append to their records information provided by third party suppliers. If you look at your telco supplier’s privacy agreement you will probably find a statement like this: We may also collect personal information from other companies that are able to disclose it to us, if it's not practical to collect it from you. For example, we buy or obtain personal information from trusted sources to help us identify people who might be interested in hearing about our products. (Optus privacy statement).